![]() If cure is impossible for the licensor or is possible only under disproportionate conditions, the licensor has the right to take back the respective SOFTWARE in exchange for reimbursement of the paid remuneration. Or the licensor can indemnify the licensee against claims by the holder of the property rights. To cure, the licensor can, at its own expense, either change or replace the SOFTWARE in such a way that it does not infringe the property rights, but still essentially corresponds to the stipulated functional and performance characteristics in a manner reasonable for the licensee, In case there is no sales contract or no such stipulation in the sales contract, the licensor is liable as follows: The subscription extends automatically by the subscription period.īoth, licensee and licensor, can cancel the subscription at any time the termination will become effective at the end of the subscription period.Ħ.4 If a third party asserts rights against the licensee because of claimed infringement of the SOFTWARE, the licensee is entitled to the rights defined in the corresponding sales contract. The licensee is responsible to perform suitable measures to ensure that the number of users known by name at no time exceeds the number of the agreed-upon licenses.Įach user may use his assigned license on any number of machines, regardless whether the SOFTWARE is installed on a server, used by a terminal server, by a network share, or is installed on a Machine or virtual machine (each use counts).ģ.3.2.1 If the Commercial License has been purchased with a one-time fee, it is granted permanently (for an unlimited period of time), limited by clause 7.ģ.3.2.2 If the Commercial License has been purchased by a subscription, it is only valid for the agreed-upon subscription period, limited by clause 7. The SOFTWARE may contain a feature which enforces the termination of the Non-Commercial License for older versions by making them stop working after the License Transition Period.ģ.2.2 If a SOFTWARE Commercial License is agreed-upon with the licensee, the licensor grants the licensee the worldwide, non-exclusive, non-transferableīy the agreed-upon number of users nameable on demand, that means to have the SOFTWARE saved, loaded, displayed and run permanently or temporarily.Įach user can be replaced by another user known by name only once in a month.įrom that time on, said first user must not use the SOFTWARE anymore and said second user may start to use the SOFTWARE. Than 6 months prior to the latest published version ('License Transition Period'). by public charitable organizations primarily targeting philanthropy, health research, education or social well-being.Įach user (person) must be nameable on demand.ģ.2.1.1 The Non-Commercial License is only valid for the latest version of the SOFTWARE as it is published on licensor's website and for all versions which have been first published not earlier.in the spare time to manage projects for which the licensee does not get financial compensation (hobby usage),.for learning or teaching on a public academic institution,.to actively work on open-source projects,.A purpose is considered non-commercial only if the SOFTWARE is exclusively used ![]() ![]() Right, which is limited according to the terms of clause 7 and terminated according to the terms of clause 3.2.1.1, to have the SOFTWARE used 3.2.1 If a SOFTWARE Non-Commercial License is agreed-upon with the licensee, the licensor grants to licensee the non-exclusive, non-transferable
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